Price v. State
310 Ga. App. 132
Ga. Ct. App.2011Background
- Price was hired in Dr. Herman Levy's medical practice as data entry clerk and became office manager in 2000.
- Price called pharmacies to order refills of hydrocodone for herself, which Dr. Levy testified he did not authorize.
- Price stamped Dr. Levy's signature on Adderall refills for her husband, Derek Cody, without explicit authorization for stamping his name.
- Dr. Levy testified he prescribed Adderall for Cody but did not authorize Price to stamp his signature on refills.
- A jury convicted Price of three counts of obtaining a controlled substance by fraudulent means and seven counts of forgery related to the Adderall prescription.
- Durden, a defense witness, testified Price had a good reputation; the trial court questioned Durden about lying under oath, prompting a mistrial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court's questions about a witness' credibility require reversal? | Price | Price | Yes; court's credibility remarks require reversal and remand. |
Key Cases Cited
- Craft v. State, 274 Ga.App. 410, 618 S.E.2d 104 (2005) (Ga. App. 2005) (limits on trial court credibility expressions under OCGA § 17-8-57)
- Milner v. State, 270 Ga.App. 80, 606 S.E.2d 91 (2004) (Ga. App. 2004) (credibility determinations and court intervention guidance)
- Walker v. State, 267 Ga.App. 155, 598 S.E.2d 875 (2004) (Ga. App. 2004) (proper limits on trial court expressions concerning evidence)
- Callaham v. State, 305 Ga.App. 626, 700 S.E.2d 624 (2010) (Ga. App. 2010) (OCGA § 17-8-57 application and error preservation)
- Davenport v. State, 308 Ga.App. 140, 706 S.E.2d 757 (2011) (Ga. App. 2011) (trial court comments regarding evidence outside jury presence)